Advertising and Marketing
Fortified with a deep understanding of intellectual property and technology transactions, we work with brands at all stages of the advertising lifecycle.
Through our global platform, we help clients substantiate and clear global advertising, marketing, and promotional campaigns—whether traditional print or television, digital content on websites, or social media. Our Advertising and Marketing practice further supports media agencies and media technology providers in crafting and negotiating complex engagements and creating compliance protocols.
We provide our clients with goal-focused counseling. This includes counsel regarding brand selection and protection, brand use guidelines, advertising policies, compliance programs, and advertising campaign strategies. Our experienced advertising and marketing lawyers also provide guidance regarding ad claim review, guiding clients on matters such as product labeling and claim substantiation issues. We help our clients with advertising disputes and challenges, including government enforcement actions, federal and state law claims, and self-regulatory matters. Our lawyers can also handle a broad spectrum of sponsorship, endorsement, and sweepstakes-related legal matters.
We can help clients with a wide variety of advertising and marketing issues, including:
- Competitor false and misleading advertising, including Lanham Act cases, National Advertising Division (NAD) Proceedings, and state unfair competition and deceptive trade practices
- Consumer false advertising and deceptive trade practices
- Food, drug, device, and cosmetic regulation and compliance
- Federal Trade Commission (FTC) advertising regulations and investigations
- Consumer Finance Protection Bureau
- Data usage, privacy, and security
- Advertising agencies
- Telemarketing and Telephone Consumer Protection Act (TCPA)
- Sponsorship and endorsement
Thought Leadership
In the October edition of The Essentials, we summarize key provisions of California employment laws that took effect in 2024 and those that will take effect in 2025.
To help you assess the 2024 election, we have prepared a comprehensive guide that summarizes the results and their impact on the 119th Congress, which will convene in January 2025. The Election Guide lists all new members elected to Congress, updates the congressional delegations for each state, and provides a starting point for analyzing the coming changes to the House and Senate committees.
While most of the attention surrounding the Supreme Court’s (the Court) decision in Loper Bright v. Raimondo (Loper), overturning the longstanding Chevron doctrine, has focused on the increased potential for successful challenges against agency actions, the decision will impact all stages of the public policy lifecycle—legislation, regulation, and only then litigation.
On 22 December 2020, the U.S. Securities and Exchange Commission (SEC) adopted amendments (the final rule) to Rule 206(4)-1 under the Investment Advisers Act of 1940 (the Advisers Act) to modernize the regulation of investment adviser advertising and solicitation practices.